Q: Do the penalties increase for second or more DUI / OVI convictions?
A: Yes. When an individual with a previous DUI / OVI conviction is convicted of another DUI / OVI, there are increased penalties. The penalties continue to increase with each additional DUI / OVI conviction. If a high test is involved, or the individual refused to take a chemical test, the sentences are even more severe.
Q: What are the possible consequences for a second DUI / OVI?
A: An individual convicted of a second DUI / OVI within a ten-year time period will face the following consequences: 1) a minimum mandatory jail sentence of ten days (double with high test or refusal); 2) a maximum jail sentence of six months; 3) a license suspension of one to seven years; 4) no driving privileges for forty-five days; 5) mandatory treatment; 6) yellow license plates; 7) an ignition interlock device; and 8) ninety-day vehicle immobilization.
Q: What are the possible consequences for a third DUI / OVI?
A: An individual convicted of a third DUI / OVI within a ten-year time period will face the following consequences: 1) a minimum mandatory jail sentence of thirty days (double with high test or refusal); 2) a maximum jail sentence of one year; 3) a license suspension of two to twelve years; 4) no driving privileges for one hundred and eighty days; 5) mandatory treatment; 6) yellow license plates; 7) an ignition interlock device; and 8) forfeiture of the vehicle.
Q: When is a DUI / OVI considered a felony, and what are the penalties?
A: In Ohio, a DUI / OVI offense is considered a felony when an individual is convicted of a fourth DUI / OVI in ten years, or a sixth DUI / OVI in twenty years. A first felony DUI / OVI carries the following penalties: 1) a minimum mandatory jail sentence of sixty days (double with high test or refusal); 2) a maximum jail sentence of thirty months; 3) a license suspension of three years to a lifetime; 4) no driving privileges for three years; 5) mandatory treatment; 6) yellow license plates; 7) an ignition interlock device; and 8) forfeiture of the vehicle.
Q: What are the penalties for a second felony DUI / OVI?
A: A second felony DUI / OVI carries the following penalties: 1) a minimum mandatory jail sentence of one hundred and twenty days (double with high test or refusal); 2) a maximum jail sentence of five years; 3) a license suspension of three years to a lifetime; 4) no driving privileges for three years; 5) mandatory treatment; 6) yellow license plates; 7) an ignition interlock device; and 8) forfeiture of the vehicle.
Q: Why is it important to have an attorney for a repeat DUI / OVI charge?
A: Hiring an attorney with extensive experience and expertise in DUI / OVI cases increases the probability of a more favorable resolution of the case. The attorney will work to minimize the consequences of a felony DUI / OVI by reviewing the all the evidence to identify any weaknesses. A DUI / OVI attorney will look for faults with the field sobriety tests, the chemical tests (breath, blood, and/or urine), the search and seizure, and proving prior convictions. If any faults are discovered, that evidence may be excluded from the case (thrown out) and may affect a judge’s determination of whether the charges were justified.
Our practice is focused on DUI / OVI defense, and we have experience with repeat DUI / OVI offenses. For more information about us, please see the firm overview. You can also see what clients say and review our past case results. We limit the number of cases we accept so we can provide outstanding service to our clients. If you would like to discuss how we can help with your DUI / OVI, EMAIL US or call us at 614-717-1177 to arrange a free consultation.